Marijuana is now legal for recreational use in Michigan, and there are shops in West Michigan. Though they are not within Grand Rapids itself, a short drive out of the city can take residents to these shops where they can purchase marijuana much as they would purchase alcohol.
The legality of marijuana has changed a lot of things when it comes to Michigan drug laws, but one thing has certainly not changed: It is still illegal to drive under the influence.
DUI laws have always referred to more than alcohol, though most people think of alcohol first when considering these violations. The law also makes it illegal to use a controlled substance and then drive. The court does have to prove impairment in these cases.
A DUI arrest for marijuana can get a bit more complicated. If an officer thinks that someone is under the influence of alcohol, he or she can have the driver use a portable breath test, a Breathalyzer at the station or even a blood test to get scientific proof of alcohol content. If that comes back at more than .08% in blood alcohol content (BAC), the person is assumed to be under the influence.
These tests do not work the same way for marijuana, though. It’s not as fast and easy, there are not reliable portable tests and marijuana can still show up in drug tests even long after a person is not impaired anymore. Police have to rely on other measures to show impairment, and there can be some questions about the accuracy of these measures and the officers’ accounts of the situation.
If you get arrested, it is clear that you need to know all of the legal defense options at your disposal.